An offer based on Calderbank was received today. The respondent husband has not disclosed full financials yet (after repeated requests from my solicitor to do so). The offers of property settlement and child access are totally unreasonable. Can Calderbank be enforced when I don't have enough information to fully assess the offer made?
VIC Can Calderbank Offer be Enforced?
- Thread starter Worried and confused
- Start date
What do you mean enforced? It’s an offer.
If you accept it, consent orders will likely be drawn up - those are enforceable
If you accept it, consent orders will likely be drawn up - those are enforceable
Generally - no. And in your case without full and frank disclosure it is not unreasonable to refuse such an offer. Suspect this is a bluff by the other side. I note my personal tolerance for risk is higher than many peoples, and I don't have all the facts of your situation.
I can't say with certainty, but in Family Law I believe Calderbank offers have a higher threshold to overcome compared to civil cases before they will be considered. IE, one party needs to be abusing the court system before a court will consider a costs order against one party.
You should be obtaining advice from your solicitor as they have all the facts.
I can't say with certainty, but in Family Law I believe Calderbank offers have a higher threshold to overcome compared to civil cases before they will be considered. IE, one party needs to be abusing the court system before a court will consider a costs order against one party.
You should be obtaining advice from your solicitor as they have all the facts.
The letter from the other side saying that if I don't accept their current offer within 7 days, they will rely on Calderbank and make application for costs. I am so confused because, from what I've read, the offer should be made when all financial documents have been "put on the table". I don't have any details of bank accounts (active during the marriage), Superannuation, Family Trust ( which I know exists), tax returns. In fact, the former husband is claiming debts.
In my opinion, if you can provide evidence that suppports your claim they’ve not disclosed in full then regardless of an application, you don’t anything to worry about. It’s my understanding that disclosure is a base line requirement and I can’t see how any court can rule against you If you are able to prove that you didn’t not have all the necesssry information to make an informed decision.
Stand firm and don't succumb to the pressure they are attempting to exert on you. If it was me I'd be writing and saying until I receive a full and frank disclosure there will be no agreement and I'll be proceeding to trial on the basis that you (other party) have not provided a full and frank disclosure and request my orders be implemented as is (eg 90/10 of known assets in my favour as there is likely to be significant extra assets hidden away by the other party).
Hi I have a similar Case a property settlement of which I am now self representing.. the OP made a very high offer with Calderbank looming... the ex has not disclosed Family Trust Deed, until recently but the Deed was not signed nor Dated.. and seemed to just have Instructions on it Rather than what I Requested which is Basically the Deed showing all Financial Transactions and any Amendments... maybe I Described what I’m after incorrectly and there’s a Name of the Part of the Trust I’m after than just Instructions? Thanks hope someone can help
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